Allowed

Prahlad S/O Balu v. State of Rajasthan

Rajasthan HC20 Dec 2021CRLMB/15929/2021

Case brief

AI extract

What is this about?

A criminal miscellaneous bail application under Section 438 Cr.P.C. was allowed, directing the release of three petitioners on bail if arrested in a specific FIR, subject to furnishing bond and sureties and complying with specific conditions.

What did the court decide?

Anticipatory bail granted; release on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each if arrested in connection with FIR No. 53/2021.

Prahlad S/O Balu Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 15929/2021

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Prahlad S/o Balu, Aged About 55 Years, R/o Ibhrahimpura Thatha P.S. Peeplu District Tonk

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Banna S/o Balu, Aged About 65 Years, R/o Ibhrahimpura Thatha P.S.Peeplu District Tonk

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Ramniwas S/o Bodu, Aged About 70 Years, R/o Ibhrahimpura Thatha P.S. Peeplu District Tonk

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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20/12/2021

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.53/2021 registered at P.S. Peeplu, District Tonk for the offences mentioned therein against the petitioners, whereupon the investigation was commenced. Apprehending their arrest, the petitioners moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.

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Heard learned counsel for the petitioners, learned Public Prosecutor and perused the material made available on record.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case as they have nothing to do with the alleged incident. Counsel further

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(2 of 3)

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[CRLMB-15929/2021]

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submits that co-accused Kanya has been granted bail by the Coordinate Bench of this Court vide order dated 05.10.2021. Counsel further submits that allegations against the accusedpetitioners are general in nature. Custodial interrogation of the petitioners is not at all required. Hence, the accused-petitioners be released on bail.

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On the other hand, learned Public Prosecutor has opposed the anticipatory bail application.

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Taking into consideration the submissions advanced by the learned counsel for petitioners, note of the allegations levelled against the petitioners as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant anticipatory bail to the petitioners.

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Therefore, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioners- 1.Prahlad S/o Balu, 2.Banna S/o Balu, 3.Ramniwas S/o Bodu in the aforesaid FIR, they shall be released on bail by the concerned SHO/Investigating Officer, provided each of them furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the SHO/IO of the concerned Police Station on the following conditions:

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i) That the petitioner/s shall make himself/herself/themselves available for interrogation before the police officer, as and when required;

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ii) That the petitioner/s shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him/her/them from disclosing such facts to the court or to any police officer;

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(3 of 3)

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[CRLMB-15929/2021]

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iii) That the petitioner/s shall not leave India without previous permission of the court;

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iv) That the petitioner/s shall not commit any offence similar to the offence of which he/she/they is/are accused or suspected.

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(MADAN GOPAL VYAS),J

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CHARU/46

Prahlad S/O Balu v. State of Rajasthan

Case brief

What is this about?

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Prahlad S/O Balu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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